Revolutionary War Pension and Bounty Land Warrant Application File S. 1515, John Foster, Va.

SERVICE
NUMBER
Va.
Foster, John
S 1515
Carded
CONTENTS

To Jackson, Jan. 23 191
Virginia
John Hostet
of Charlotte Co. in the State of Virginia who was a private in the Company commanded by Captain Horton of the Regt. commanded by B. Landon in the 1 st line for 22 and 12 ds.
Inscribed on the Roll of Virginia at the rate of 74 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of Nov 1833 and sent to
Winlow Robinson Clk.
Charlotte C.H.
Arrears to the 4th of Sept 1833 $186.66
Semi-ant. allowance ending March 31. 37.33
$224.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by W. L. Williams Clerk.
Book E Vol. 6 1/2 Page 13
Int. Pension, May 22: 37
Transf. to - - - do - do
Transf. to Jackson, Jan. 22. July 1837, from 4. Sept. 37

Virginia, County of Charlotte land:
On this 1 st day of October 1832,
Personally appeared in open Court before the County Court of Charlotte, now sitting John Toler, a resident of the said County and State of Virginia aged seventy nine years, who being first duly sworn, curiously to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7. 1832.
That he served one year as a regular soldier in the army of the United States in the Revolutionary war. He enlisted for the term of two years in the County of Prince Edward, where he then resided, under Capt John Charlton in the Spring of the year 1776, and marched to Portsmouth in Virginia, there attacked the 4 th Virginia Regiment commanded by Col Lawson, and to the Brigade commanded by Genl Stephen. They remained at Portsmouth until some time in the fall of the same year, they then took shipping and sailed to some place in the neighbourhood of the head of Elk River and landed, marched on foot through several villages or small towns Wilmington, Christian, Chester, in Pennsylvania, at the last place they remained some thing like a month, from thence they marched through Philadelphia to Trenton in New Jersey, here they made a short stay, from thence they marched through Princeton and New Brunswick to a small place called Amboy, here they also remained a short time, they received orders to join Genl Washington in his retreat from near New York, they accordingly marched back to Trenton & crossed the river into Pennsylvania, the army was scattered up and down the River to prevent the enemy from crossing. The Brigade to which the applicant belonged was stationed about 12 miles up the river from which there until the 24 th December of the same year when the army then recrossed the river made an attack upon Trenton then in possession of the enemy, the enemy was defeated, few or none escaped we also took six Cannons from the enemy. During the battle the applicant received a wound in the leg from a shot. After the battle the whole army again recrossed the river into Pennsylvania and encamped upon the ground they had formerly occupied, in a short time however they were again ordered over into the Jersey side, they accordingly crossed the river again, the applicant owing to the wound in the leg was unable to continue with the army, he was reported unfit for duty, was sent to Philadelphia with the sick where he remained the greater

part of the Winter, after from there he was sent back with the other batt to Chester where he was taken with the small force from which he did not recover until about February of the year 1777: he then hired one James McDermott as a substitute who was accepted. The applicant accordingly left the army. he was discharged by Col Lawson: the discharge he has lost he has no written evidence of his service, but expects to prove it by Major James Morton of the County of Prince Edward
That he also served four terms of duty as a soldier in the Militia of Virginia
1 st In the latter part of the Summer or early in the fall of the year 1777 he volunteered to serve a term of duty of 3 months under Capt Thomas Blarney of the County of Prince Edward, Thomas Moore Lieut. Col. They marched to Williamsburg on James River, from there to Little York where they remained until the expiration of the 3 months. he does not recollect the names of the Officers in Command, he however recollects Genl Nelson & Major Walter from P. Edward, - he received no written discharge, has no documentary evidence of his service, but expects to prove it by Genl Dawson of the County of Prince Edward
2 d Something above a year after the expiration of the former service he was drafted from the County of Prince Edward to serve another term of six weeks. he accordingly marched to Petersburg in Virginia under Capt John Clark and Lieutenant Benjamin Allen. The enemy had appeared on the Coast of Virginia & were expected to land, and the militia were called out to resist the invasion, the enemy however soon disappeared & the militia were discharged after a service of six weeks. they were never embodied. he received no written discharge, has no documentary evidence to prove this service, nor does he at present recollect any person now living by whom he can prove it.
3 d After the last term of service had expired he returned home to the County of Prince Edward and shortly afterwards removed to the County of Charlotte (an adjoining County) and was again drafted to serve another term in the militia and accordingly marched under Capt Richard Gaines from the County of Charlotte to the neighborhood of Portsmouth (which was then in possession of the enemy) the applicant was taken from Capt Gaines's Company & attached to a Company of light infantry commanded by Capt Isaac Saunders. Col Alexander Dill was

declared their opinion after the investigation of the matter, and after taking the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier, and served as he states and the Comt further certifies that it appears to them that David Bell and Lindsay B. Stapley who have signed the preceding Certificate, are residents of this County and are credible persons - and that their statement is entitled to credit.
I, Daniel Robinson Clerk of the County Court of Charlotte, do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of John Foster for a pension
In testimony whereof, I have hereunto set my hand and affixed the Seal of my Office this 13th day of November 1832
Daniel Robinson
John Foster Oct 24 1904
I do hereby certify that John Foster was a resident of the county of Charlotte enlisted in the company of Capt John Morton in the county of Prince Edward, in the beginning of the year 1776 who belonged to the 4 th Virginia Regiment of the Virginia line for the term of two years - He marched to Norfolk and Portsmouth and from thence to the North - He was at the battle of Trenton on the 26 th December 1776, was there slightly wounded and was sent down to Philadelphia to the hospital - I was an officer in the same com- pany to which he was attached and believe that he served in the same twelve months or more at which time he hired a substitute by the name of Jas McQuarrie given under my hand this 29 th September 1832
James Morton

Prince Edward County to wit Major Isaac Morton this day personally appeared before me a justice of the peace for the County aforesaid and made oath to the truth of the foregoing Certificate given under my hand this 29 th Sept 1832 Henry Thweat
Prince Edward County to wit Henry Dawson Personally appeared before me Silas D. Womack a Justice of the Peace for the County aforesaid & made oath that he was with John Foster in the service of the revolution in the militia service under Capt Thomas Flannery a Lieut Moore & that said John Foster did at York Town serve a tour of 3 Months given under my hand & Seal this 7 day of September 1832. Silas D. Womack (Seal)
Virginia Charlotte County to wit William Cardwell personally appeared before me a Justice of the peace for the aforesaid county and made oath that he was in the service of the Revolution with John Foster that they march- ed from Charlotte County in the Militia under Capt Richard Gibson to Port- mouth, and then the said Foster was transferred to the Light Infantry and serv- ed the balance of the three months under what Capt. H. does not recall- lect, but Col. Dick was the Commander of the Light Infantry - Also he made oath that he served with the said John Foster from Charlotte under Capt Gideon Spencer a tour of duty at the Siege of York and was there when the British Army under Lord Cornwallis surrendered to General Washington given under my hand this 27 th Sept. 1832 Wm B. Mutching

The Commander of the light infantry - there was another Company of light infantry Commanded by Capt Long or some such name. - he was in no regular battle, but was frequently in slight skirmishes - he continued in this service for three months, and was then discharged, but received no written discharge, nor has he any documentary evidence of his service, but expects to prove it by Wilches Certificates of the County who served with him
4 th Shortly previous to the end of the war, he was again drafted into the militia and marched from the County of Charlotte under Capt Gideon Spencer to the Siege of York, his Company was attached to the Regiment Commanded by Col Tucker, and continued there until the surrender of the British Army under Lord Cornwallis to Genl Washington - in this service he was engaged three months - he received no written discharge, but expects to prove this service by Wilches Certificates, James Pugh, & David Barton or some one of them who served with him.
He hereby relinquishes every claim whatever to a pension or an annuity except the present, and he declares that his name is not on the pension roll of any agency in any State
Sworn to, and subscribed, the day & year aforesaid
John Porter
We David Bell
and Lindsay B Tappley residing in the County of Charlotte residing in the same County, hereby certify that we are well acquainted with John Porter who has subscribed and sworn to the above declaration, that we believe him to be the person  the person he states; that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion
Sworn, and subscribed the day & year aforesaid
David Bell
Lindsay B Tappley
And the said John Porter also produced in Court the affidavits of Henry Dawson, James Morton and Wilshire Cardwell, the latter sworn to before William B Warfield a Justice of the peace of the County - and the Court certifies that they are credible witnesses - And the said Court do hereby

I Branch of Worthington clerk of the heart of Prince Edward County. the here by that William D. Womack who is signed on the other side of this is a policy of the peace in and for the County of Prince Edward and was at the time of signing the same and that full faith and credit is due to his acts as such. Given under my hand this 29 of April 1832.
William D. Womack

Amended declaration of John Foster a revolutionary soldier
State of Virginia, Charlotte County ss.
Personally appeared before the subscriber James T Marshall a justice of the peace in and for the said county of Charlotte John Foster the appli- cant on this 25th day of October 1833 and who being first duly sworn according to law doth make the follow- ing amendment to his original declaration containing the answers to the objections of the War department to the admission of his claim to a pension under the act of Congress passed June 7th 1832 which objections are marked in red ink in the brief accompanying the re- turn of his original declaration and referred to by the letters D, E, M, In answer to the objection marked D, the applicant saith that it was in the year 1780 he served the tour of one month and twelve days and that in 1781 he served the tour of three months the period not satisfactory stated in his original declaration - Q Dly In answer to the objec- tion marked E relative to the precise length of his service the applicant deposeth and saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service but according to the best of his recollection he served not less than the periods men- tioned below and in the following grades 1st tour that for one year he served as a private in the regular army. Q D tour, that for three months he served as second sergeant that for one month and twelve days which the certificate of Henry Dawson will prove 3d tour that for one month and twelve days he served as an orderly sergeant of which he has no proof Documentary or living 4th tour that for three months he served as an orderly sergeant which is proved by the certificate of James Pugh who served with him 5th tour that for three months he served as a private In answer to the objections marked M he saith that he was born in the county of Amelia State of Virginia in the year 1753 he further states that he has no record of his age but he copied it from his father's family Bible into one of his own and

was torn out by some of his children. The applicant deemed it proper for him to say that at the time his original declaration was drafted he was not aware  did not know that there was any grade below commissioned officers - or he would have stated his grade at that time -
John Foster
Sworn to and subscribed before me this 25th day of October 1833
J. Marshall
Virginia, Charlotte County Court:
I William Robinson Clerk of the County Court of Charlotte in the State of Virginia, do hereby certify that James P. Marshall and William B. Watkins are acting Justices of the peace in and for the said County duly Commissioned and qualified according to law, and that the signature of the former annexed to the preceding Certificate is genuine, and that the Certificate of the latter annexed to the affidavit of James Pugh, is also genuine.
Virginia Charlotte County ss is to certify that James Pugh of the County of Charlotte is a respectable and entitled man about 73 years old personally appeared before me William B. Watkins a justice of the peace for the said County aforesaid and made oath that he was well acquainted with John Foster a soldier of the Revolutionary War and that he said John Foster was orderly sergeant in Capt. Jesse Sanders Company of Light Infantry and served 3 months from the 9th day until 9th April 1781. in Maj. Genl. Nathaniel Greene's Regiments & Genl. Mundy's Command and that the said John Foster was then a resident of Charlotte County and is still a resident of the said County

was torn out by some of his children. The applicant deems it proper for him to say that at the time his original declaration was drafted he was not aware  did not know that there was any grade below commissioned officers - or he would have stated his grade at that time -
John Porter
Sworn to and subscribed before me this 25th day of October 1833
J. M. Marshall
Virginia, Charlotte County Court:
I Winlow Robinson Clerk of the County Court of Charlotte in the State of Virginia, do hereby certify that James P. Marshall and William Billingsley are acting Justices of the peace in and for the said County duly Commissioned and qualified according to law, and that the signature of the former annexed to the preceding Certificate is genuine, and that the Certificate of the latter annexed to the affidavit of James Pugh, is also genuine.
In testimony whereof I have hereunto set my hand and the affixed the seal of my office the 12th day of November 1833.
Winlow Robinson Clerk
Young Lee - sent by express

Virginia Charlotte County ss is to certify that James Pugh of the county of Charlotte is a respectable and entitled man about 73 years of age personally appeared before me William B Watkins a justice of the peace for the said county informed and made oath that he was well acquainted with John Foster a soldier of the Revolutionary War and that he said John Foster was orderly sergeant in Capt. Jesse Sanders Company of Light Infantry and served 3 months from the 9 th Jan y until 9 th April 1781. in Maj. Duke Bullington's Col. Fleming Regiment & Genl. Murlenburg's Commander and that the said John Foster was then a resident of Charlotte County and is still a resident of the said county
James Pugh
Sworn to and subscribed before me this 25 th day of October 1833 given under my hand &c
Wm B Watkins J.P.

Transfer Jackson Agenda Tenn.
Transfer, to take effect from 4 Sept. 1856, and send notification to Peninsula at Lexington Tenn.

APPLICATION FOR A TRANSFER.
County of Henderson ss.
On this third day of July 183 7 , before me, the subscriber, a Justice of the Peace for the said County of Henderson personally appeared John Hoster
who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain John Morton in the Regiment commanded by Colonel Robert Lawson in the service of the United States; that his name was placed on the pension roll of the State of Virginia from whence he has lately removed; that he now resides in the State (District, or Territory ,) of Tennessee  tract at Jackson where he intends to remain, and wishes his pension to be there payable, in future. The follow-
are his reasons for removing from the State of Virginia to the State of Tennessee (to wit,) That the most of his Children emigrated from the State of Virginia to the State of Tennessee , and he felt desirous to spend the remainder of his days among them as he could conveniently settle, and also believed that he could make a support for himself and family, with more ease than he could have done in Virginia
John Hoster
Sworn and subscribed to before me, } the day and year aforesaid. }
W. H. Sewry
Justice of the Peace of Henderson County
☞ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
☞ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath, is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
☞ In every case where the Clerk of the Court, or other certifying officer, has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should be sent with the papers.
☞ Mode of authenticating papers.—In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying officer so as to prevent any paper from being improperly attached to the certificate.

State of Tennessee } S.S. Henderson County } Before me Felix M. Henry an acting Justice of the Peace for said County of Henderson personally appeared George L. Hunt who being duly sworn upon the Holy Evangelist of Almighty God, deposeth as follows that John Haster, who hath taken the above forgoing oath is the identical person described in the affidavit ————— George L. Hunt
Sworn to and subscribed before Me this 3 rd day of July A. D. 1837.
F. M. Henry Justice of the Peace for Henderson County
State of Tennessee :
I Felix M. Henry an acting Justice of the Peace in and for the County of Henderson aforesaid do Certify that George L. Hunt who hath signed the foregoing affidavit of identity is a person of veracity.
Given under my hand and private seal this 3 rd day of July A. D. 1837.
F. M. Henry Justice Peace N.C.

State of Tennessee } I Issie Taylor clerk of the county court Henderson County } of said county of Henderson do hereby
Certify that J. W. Henry before whom the within Probate was made, is one of the acting Justices of the peace in and for said county, and that the signature of the said J. W. Henry is genuine and that the full faith and credit is and ought to be given to all his official acts as such
Given under my hand and seal of office at office this 3rd day of July 1837
Issie Taylor clerk Henderson county court

20.19042
John Foster
Charlotte B: Virg a
Rev
Almshouse & private
22 mo 12 days
$74.66
d. e. m.
149.33 37.33 186.66
Winston Robinson B.R.

WAR DEPARTMENT,
Pension Office.
April 29 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Boston Charles W o Vrijen
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 1 almost Private Capt. Morton Capt. Thos. Plowman Thos. Morton Coleman Lt. Col. [?] Gen. Howe Brig. [?] Gen. Washington Trenton Yorktown Portsmouth Idea of 24th Richmond Newbern Salem Petersburg Port Royal Port Royal 24th 24th 49 Traditionary James Morton as to N o town 1776 Henry Lawson as to 3 months 1781 Militia here but none as to Q o town of 3 months   Vol. 1777 3 Capt. Clark Lt. Col. [?] Maj. [?]   Dr after 1 12 Capt. [?] Lt. Col. [?]   Dr after 3 Capt. [?] Lt. Col. [?]   Dr after 1781 3 Capt. [?] Lt. Col. [?]   1 10 12   22 me 1 12  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
N. F. 15-15-
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of John Foster a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spring 1776 1 year Pvt. John Norton Robert Lawson Pa.   Summer or fall 1777 8 mos 2 d Lieut. Thomas Flournoy /   1780 6 mos Adjutant John Clark /   1781 3 mos. " " Richard Gaines /   Jesse Saunders Alexander Dick   1781 3 mos. Pvt. Eideon Spencer Tucker  
Battles engaged in, Vernon where he was slightly wounded in the leg
Residence of soldier at enlistment, 2 d Siege of York. Prince Edward County, Va.
Date of application for pension, Oct. 1, 1852. His claim was allowed.
Residence at date of application, Charlotte Co. Va.
Age at date of application, born in 1753 in Amelia Co. Va.
Remarks:
In 1837 soldier had moved to Henderson Co. Tenn. To him were some of his children who had emigrated there from Va. No names are stated and there is no other data on file as to his family.
Respectfully,
Commissioner.

John Foster
for
to
Jan Rea

Lexington Ky (May 2 nd ) Jm. C. May 22 W. P. M c D r
for
James C. Edwards Esq Commissioner of Pensions Washington City

Nautilid Declaration of John Foster

MMHJ cur
October 22, 1924
Sara V. Sutherland, R. N. % American Red Cross Annapolis, Md.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 1515 it appears that John Foster was born in 1753 in Amelia County, Virginia.
While a resident of Prince Edward County, Virginia he enlisted in the spring of 1776, served as a private one year in Captain John Morton's Company, Colonel Robert Lawson's Virginia Regiment and was at the battle of Trenton where he was wounded by a shot in his leg.
He enlisted in the summer or fall of 1777 and served three months as Second Sergeant in Captain Thomas Flournoy's Virginia Company.
He enlisted in 1780 and served six weeks as Orderly Sergeant in Captain John Clark's Virginia Company.
He shortly afterwards moved to Charlotte County,

Virginia where in the early spring of 1781 he enlisted and served three months as Orderly Sergeant in Captain Richard Gaines Virginia Company, and Captain Jesse Sauser's Company, Colonel Alexander Dick's Virginia Regiment.
He again enlisted in 1781 and served three months as a private in Captain Gideon Spencer's Company, Colonel Tucker's Virginia Regiment; was at the Siege of York.
He was allowed pension on his application executed October 1, 1832 while living in Charlotte County, Virginia.
In 1837 he had moved to Jackson, Henderson County, Tennessee to be near some of his children who had emigrated there from Virginia. No names are stated and there is no other data on file as to his family.
Respectfully,
Commissioner.

Address
SARA SUTHERLAND, R. N. NURSE IN CHARGE
American Red Cross Annapolis, Md.
TELEPHONE 848
RUTH ROANE, R. N. ASSISTANT NURSE
American National Red Cross
COMMITTEE:
MRS. EDWARD D. JOHNSON, CHAIRMAN MRS. JOHN CRAVEN MRS. CARYLL BRYAN MRS. SAMUEL BROOKS MRS. ST. GEORGE BARBER MRS. T. L. JOHNSON MRS. WM. S. DAWSON
DEPARTMENT OF PUBLIC HEALTH NURSING STATE CAPITAL BANK BLDG., 20 CHURCH CIRCLE Annapolis, Md.
COMMITTEE:
MRS. T. J. LINTHICUM MRS. R. D. TISDALE MRS. JOHN PARKINSON MRS. OTHO LEITCH MRS. KIRBY MISS ISABELLE MCNABBY MISS ISEMAN
Oct 1st - 1924
Revolutionary Section - Bureau of Pensions - Washington, D.C.
Dear Sir, Please be so good as to tell me whether a pension was ever granted to the following of my
ancestors -
o Ellery Piseu or Ellery Pison of Amelia Co., Va. who was a sergeant in Capt. George Wall's 4 th Regiment.
o George Rowlett of Henrico or Amelia Co - Va. John Foster of Amelia County. Va.
Any information on the above, I will indeed be grateful for. Thanking you in advance,
I am,
Annapolis, Md.
Very truly yours -
Sara Valentine Sutherland -

Atlanta Ga.
April 27, 1901.
Bureau of Pensions
Dear Sir
Can you please tell me if you have the name of Andrew Grandung as a Revolutionary soldier from

23/91 South Carolina and also John Foster of Virginia will certainly appreciate any thing you can tell me. I remain,
Yours very truly. (Mrs) Katherine Gamble Hardin # 4 West Peachtree Atlanta Ga

May 4-1909 Mr. Nathan G. Hardin Atlanta Ga.
1919 Apr. 17 Hist. to J. Lee Dabbs. 1924 Oct. 22 Hist. to Sara T. Southers 1925 mch. 5- " " Mrs. J. J. Seep See letter in Richard Medlock. W-25701-aws.
Plus Mar.
INVALID.
File No. 1515.
John Foster, Pa. Va. Ave.
Act June 7. 1882.
Index:—Vol. 2 , Page 128
[Arrangement of 1870.]

State of Virginia Punc Edward County ss S.S.
On this 12 th day of October 1833 personally appeared before me a justice of the peace for the county aforesaid Mr Henry Dawson who made oath according to Law that he was acquainted with John Foster during the revolutionary war, and that he serv d with the s d Foster in the year 1777 under Captain Stourmoy and knew that the s d John Foster serv d as second sergeant in s d Stourmoy's company of Militia for the space of three months; during the whole of which time he serv d in the capacity of second sergeant and he also states that the said Foster is now a resident of Charlotte County Henry Dawson
Sworn to and subscribe before me the day & year above written
J. Wilson J.P.

Virginia. Prince Edward County to wit - I Branch T. Worsham clerk of the court of the county aforesaid. do hereby certify that J. H. Wilson who signed up- pears to the foregoing Certificate is the same person who was at the time of signing the same an acting justice of the peace in and for the County of Prince Edward, duly and impeached and qualified according to law.
In testimony whereof I have hereunto set my hand and seal at office this
29 th day of October 1838.
B. T. Worsham. C

Bank of Virginia May 24. 1837.
Sir
The last payment to John Foster, private, a pensioner under the Act of June 7. 1832, at seventy four \frac{66}{100} dollars per annum, was to the 4. day of September 1836.
I am, respectfully,
Your obed t Serv t
Anty Robinson for J. Brockenbrough
J. S. Edwards, Esq. Commissioner of Pensions, Washington.